Opinion
Case No.: 2:20-cv-02263-KJD-NJK
12-16-2020
STATE OF NEVADA, Plaintiff, v. ARAH MAUBA BEY, Defendant.
ORDER
[Docket No. 1]
Pending before the Court is Defendant's application for leave to proceed in forma pauperis. Docket No. 1. Defendant submits that the Privacy Act of 1974 does not require him to provide the information requested in the application. Id. at 2. However, the Court's Local Rules require an applicant to disclose his income, assets, expenses, and liabilities to properly determine whether the applicant should be granted leave to proceed in forma pauperis. LSR 1-1. See Sangster v. Clark Cty. Det. Ctr., 2005 WL 8159830, at *1 (D. Nev. June 21, 2005) ("The right to proceed in a civil action in forma pauperis is a privilege, not a right, granted by statute and local rules and is not limited.") (citing Jefferson v. United States, 277 F.2d 723, 724-25 (9th Cir. 1960)); see also Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) ("[A] plaintiff seeking IFP status must allege poverty 'with some particularity, definiteness and certainty.'") (quoting United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)). Accordingly, the Court will deny Defendant's application for leave to proceed in forma pauperis without prejudice.
The Court will retain Defendant's documents, but will not file them until the matter of the payment of the filing fee is resolved. Docket Nos. 1-1, 1-2. Defendant will be granted an opportunity to cure the deficiencies of his application to proceed in forma pauperis or, in the alternative, pay the full filing fee for this action.
Accordingly, Defendant's application to proceed in forma pauperis is hereby DENIED without prejudice. Docket No. 1. The Court will retain Defendant's documents, but will not file them until the matter of the filing fee is resolved. Docket Nos. 1-1, 1-2. No later than January 15, 2021, Defendant shall either make the necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a complete and accurate application to proceed in forma pauperis. The Clerk's Office shall send Defendant a blank application form. Failure to timely comply with this order will result in a recommendation to the District Judge that this case be dismissed without prejudice.
IT IS SO ORDERED.
Dated: December 16, 2020
/s/_________
Nancy J. Koppe
United States Magistrate Judge